NOTICE OF PASSAGE AND PUBLICATION OF ORDINANCE Publication is hereby given that the Mayor and Council of the City of Oakland, Nebraska, at their meeting on June 20th, 2022 have passed and approved Ordinance 741 the title of which reads as follows: ORDINANCE NO. 741 At 7:24 p.m. Councilman N. Anderson made a motion to waive the three readings of Ordinance 741 " AN ORDINANCE OF THE CITY OF OAKLAND, NEBRASKA, AMENDING SECTION 5.12.02(74) OF ITS ZONING ORDINANCE (ORDINANCE NO. 567) TO PERMIT RESTAURANTS WITH DRIVE-THRUS AS A PERMITTED USE IN THE GENERAL COMMERCIAL (C-3) DISTRICT; REPEALING ALL ORDINANCES, RESOLUTIONS, CODE SECTIONS, AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE." Motion was seconded by Councilman G. Mockenhaupt. All present Voting : Aye (Greg, Nathan ,Luke, Jeremiah,)- 4, Nay - 0. At 7:24 p.m. Councilman N. Anderson made a motion to approve Ordinance 741 " AN ORDINANCE OF THE CITY OF OAKLAND, NEBRASKA, AMENDING SECTION 5.12.02(74) OF ITS ZONING ORDINANCE (ORDINANCE NO. 567) TO PERMIT RESTAURANTS WITH DRIVE-THRUS AS A PERMITTED USE IN THE GENERAL COMMERCIAL (C-3) DISTRICT; REPEALING ALL ORDINANCES, RESOLUTIONS, CODE SECTIONS, AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE." Motion was seconded by Councilman G. Mockenhaupt. All present Voting : Aye (Greg, Nathan ,Luke, Jeremiah,)- 4, Nay - 0. AN ORDINANCE OF THE CITY OF OAKLAND, NEBRASKA, AMENDING SECTION 5.12.02(74) OF ITS ZONING ORDINANCE (ORDINANCE NO. 567) TO PERMIT RESTAURANTS WITH DRIVE-THRUS AS A PERMITTED USE IN THE GENERAL COMMERCIAL (C-3) DISTRICT; REPEALING ALL ORDINANCES, RESOLUTIONS, CODE SECTIONS, AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Planning Commission, after duly giving public notice, held a public hearing on June 7th, 2022, for consideration of an amendment to section 5.12.02(74) of the City’s zoning regulations to permit restaurants with drive-thrus as a permitted use in the General Commercial (C-3) District; WHEREAS after its public hearing and meeting, the Planning Commission recommended the City Council adopt the amendment; and WHEREAS the City Council, after duly giving public notice, held a public hearing on June 20th, 2022, received the above-mentioned recommendation of the Planning Commission, and itself considered whether said amendment should be made; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OAKLAND, NEBRASKA: Section 1. Section 5.12.02(74) of the City’s zoning ordinance (Ordinance No. 567) shall be and hereby is amended to provide as follows: 5.12.02 Permitted Uses: 74. Restaurants, excluding drive-ins, but including drive-thrus. For the purposes of this section, drive-in shall mean a facility where customers may be served without leaving the confinement of their vehicle and consume food in their vehicle while remaining parked at the facility; drive-thru shall mean a facility where drivers line up to place an order, drive to a window to pay and receive their food, and then leave the facility to consume their food elsewhere. Section 2. Any other ordinance, resolution, Code section, or part thereof passed and approved prior to the passage, approval, and publication or posting of this Ordinance and in conflict with its provisions is hereby repealed. Section 3. This Ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law. Said Ordinance has been published in pamphlet form. Copies of the Ordinance as so published are available at the office of the City Clerk at 401 N. Oakland, Nebraska. Kayla Eisenmenger, City Clerk ZNEZ OI 7-14-22
